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09/21/2000CITY COMMISSION MEETING CITY OF CLEARWATER September 21, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00p.m. at City Hall. The invocation was offered by Reverend Tom Norton of Skycrest United Methodist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One service award was presented to a City employee. ITEM #4 - Introductions and Awards a) Employee of the Month - September 2000 The Employee of the Month Award for September 2000 was presented to Lynda Neal, Customer Service. ITEM #5 - Presentations a) Downtown HUB zone update - Sue Englander Assistant City Manager Bob Keller introduced Sue Englander, CEO of EEI ModTech Industries. Ms. Englander is an entrepreneur who has taken advatange of all available State, local, and Federal programs to employ residents in the Brownfields area of the downtown HUB zone. Ms. Englander said her company manufactures printed circuit boards. She hopes to surpass the minimum 35% hiring requirement for the HUB zone by 15%. She thanked Mr. Keller and staff for their assistance and expressed her excitement about development plans in Clearwater. She said her company has been awarded a $5 million government contract and will be the first Federally certified HUB zone in Clearwater. b) Award for Terry Washington Terry Washington, solid waste equipment operator, was presented with an award for winning the international driving Roll-Off Truck competition (ROAD-E-O) held by the Solid Waste Association of North America. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of September 7, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Sam Elliott asked if it is legal to cover up the criminal misconduct of Police Chief Sid Klein and State Attorney Bernie McCabe. The City Attorney stated there was no criminal misconduct. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6588-00, #6589-00 & #6590-00 - Annexation, Land Use Plan Amendment to Residential Urban & LMDR Zoning, 7 S. McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB Investments Group)(PLD) The site is at 7 South McMullen Booth Road on the east side of McMullen Booth Road midway between Gulf-to-Bay Boulevard and Drew Street. The purpose of the annexation is to enable the applicant to receive City water and sewer service. The current use of the property is single family residential and the site is approximately 0.84 acres in size. The property will be served by the City’s water and sanitary sewer service. The applicant is aware of the need and costs to extend the water and sewer lines to his property. The Planning Department determined the proposed annexation is consistent with the following standards in the Community Development Code: 1) The proposed annexation will not adversely impact public facilities and their level of service; 2) the proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) the proposed annexaiton is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Since the site is less than 10 acres, the annexation will not require the Pinellas Planning Council’s review. Staff determined the proposed land use plan amendment and rezoning applications are consistent with the following standards in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not adversely impact the natural environment. The Community Development Board reviewed these applications at their public hearing meeting on August 15, 2000, and recommended approval of all applications. In response to a question, Planning Assistant Director Cyndi Hardin said staff will carefully review the applicant’s site plan when submitted. Member Johnson moved to approve the petition for annexation, Land Use Plan Amendment and rezoning for 7 South McMullen Booth Road (Metes and Bounds 21-09 in Section 16, Township 29 South, Range 16 East) from county Residential Urban to City Residential Urban and Zoning Atlas Amendment from County Zoning District Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6588-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6588-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6589-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6589-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6590-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6590-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #9 - Public Hearing & First Reading Ords. #6591-00, #6592-00 & #6593-00 - Annexation, Land Use Plan Amendment to Commercial General & Commercial Zoning, 18167 US19N, Sec. 29-29-16, M&B 22.02 (St Joe Company)(PLD) The site is at 18167 US 19N on the east side of US 19 at its intersection with Belleair Road. This annexation is to allow the City to bring this property into its jurisdiction in compliance with the December 19, 185, Agreement to Annex (ATA) between the City and previous owners. Effective with the annexation, the City will collect open space impact fees of $87,913.60 from the current property owner. The property is an office complex and the site is approximately 8.63 acres in size. The property is being served by the City water and sanitary sewer service pursuant to the agreement to annex. The property owner is aware of the payment for the outstanding open space impact fee that is due prior to the second reading. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) the proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) the proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Since the site is less than 10 acres, the annexation will not require the review of the Pinellas Planning Council. Staff determined the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. The Community Development Board reviewed these applications at their public hearing meeting of August 15, 2000, and recommended approval of all applications. Commissioner Johnson moved to approve the Petition for Annexation, land Use Plan Amendment and rezoning for 18167 US 19N (Metes and Bounds 22-02 in Section 29, Township 29 South, Range 16 East) from County Commercial General to City Commercial General and zoning Atlas Amendment from County Zoning District commercial, General Retail and Limited Services District (C-2) to City Commercial (C). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6591-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6591-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6592-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6592-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6593-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6593-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #10 - Public Hearing - Penny for Pinellas Project List (BU) On March 6, 1997, the Commission adopted Ordinance #6137-97. The ordinance established the requirement for a special hearing, prior to the adoption of the capital improvement budget, to discuss the use of Penny for Pinellas tax, and at any time in which there were any proposed changes to Penny for Pinellas funding of $500,000 or more. A Penny for Pinellas project list is available showing projects approved by the City Commission last September and the new list for “Recommended Project Funding” as included in the proposed FY 2000/01 capital improvement plan and the City Manager’s and Commission’s changes discussed at the August 29, 2000, budget work session. Budget Director Tina Wilson presented an overview of the advertised changes to the Penny for Pinellas project list. The major priorities are Fire and Police Department needs, the new main library, the Memorial Causeway Bridge, neighborhoods, and the new Phillies Stadium. Projects eliminated from the list are State Road 60 beautification project, Memorial Civic Center, and Economic Redevelopment and Assessment project. Five persons expressed their appreciation that the Commission has prioritized the public health and safety needs of the City and provided for construction of a Sand Key fire station in the Penny for Pinellas project list. Agreement with using Penny for Pinellas funds for the Phillies Stadium and Fire department needs was expressed. Concern that alternate funding sources need to be explored was expressed. A desire for more public dialog was also mentioned. In response to a question, Finance Administrator Margie Simmons explained the methodology for listing total funding for the Memorial Causeway Bridge to show dedicated Federal funds, interest earned, etc. Commissioner Clark moved to approve the revised recommended Penny for Pinellas project list. The motion was duly seconded. Commissioners Johnson, Clark, Hooper and Mayor Aungst voted Aye; Commissioner Hart voted "Nay". Motion carried. ITEM #11 - Public Hearing - 2000-2001 Budget (BU) a) Second Reading Ord. #6607-00 - Declaring Millage Rate to be levied for Fiscal Year beginning 10/1/00 and ending 9/30/01 at 5.5032 mills Ms. Wilson said this year’s budget contains no millage rate increase. She said the only change in the budget was to reallocate $55,000 from the reserve amount to the Fire Department. A dissatisfaction with the budget process was expressed. The City Attorney presented Ordinance #6607-00 for second reading and read it in full. Commissioner Johnson moved to pass and adopt Ordinance #6607-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Aungst. "Nays": Hart. Motion carried. b) Second Reading Ord. #6608-00 - Adopting Operating Budget for Fiscal Year beginning 10/1/00 and ending 9/30/01 The City Attorney presented Ordinance #6608-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6608-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Aungst. "Nays": Hart. Motion carried. c) Second Reading Ord. #6609-00 - Adopting Capital Improvement Program Budget for Fiscal Year beginning 10/1/00 and ending 9/30/01 The City Attorney presented Ordinance #6609-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6609-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Aungst. "Nays": Hart. Motion carried. ITEM #12 - Public Hearing & First Reading Ords. #6574-00 & #6575-00 - Land Use Plan Amendment to Residential High & HDR Zoning, 1590 Gulf Blvd., Sec. 19-29-15, M&B 34.011 (Belleview Biltmore Resort, LTD)(PLD) The site is on the southern end of Sand Key, on the west side of Gulf Boulevard at 1590 Gulf Boulevard. This land use plan amendment and rezoning is to allow the construction of a multifamily development which is not allowed in the current Commercial plan category and zoning district. The site was previously developed with the Cabana Club Restaurant which was constructed with and to primarily serve the adjacent Cabana Club condominium. Although the restaurant building still exists, the restaurant has been closed. The applicant proposes to demolish the unoccupied building and build a new multifamily building on the approximate 0.96-acre site. The Planning Department’s recommendation of approval of this application is for the following reasons: 1) The surrounding uses are all high density residential as is the request, and 2) the existing commercial land use generates substantially more traffic than the proposed residential use. Staff has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size and/or intensity of the plan amendment request, review and approval by Florida Department of Community Affairs also is required. The Community Development Board reviewed these applications at their public hearing of July 18, 2000, and recommended denial of the applications. The recommendation to deny was based on the testimony during the public hearing that approval of the applications would allow a project that would infringe on the view and use of adjacent residential developments and would result in property devaluation and other negative effects to residential properties in the vicinity of the proposed project. Planning Director Ralph Stone said staff reviewed the surrounding land use and traffic impacts and recommends approval of this application. Harry Cline, representing the applicant, said the request meets all Community Development Code requirements. The applicant is requesting 20 units, a third less density than allowed under Code. He said a revised site plan is pending in the Planning and Development Department. Robert Pergolizzi, Vice-President of Transportation and Planning of Florida Design Consultants, said this application results in less intense and fewer impacts than a commercial use and is compatible with the surrounding area. He reviewed maximum heights allowed under the Flexible Standard criteria of the Code. Originally, the applicant had proposed a 130-foot high project and is now proposing 99 feet. He said the application meets all regulations of Code. Richard Dutter, Dutter Realty, reviewed graphics of the area and said the views would not be altered by construction of this project. He said property values would not be adversely affected by the project. Tim Johnson, Save our Beach on Sand Key representative, objected to Mr. Dutter’s qualifications as to the issue of property values. He questioned the applicant’s ability to meet the criteria specified in the Code. He said the project will block the neighbors’ views. He said a similar effort to develop this site was defeated by the City Commission in the 1980s and the Community Development Board voted to deny this application. He distributed a handout listing the reasons for denial. In response to questions from Mr. Johnson, Mr. Pergolizzi said the project would increase water and wastewater demand on the site. In response to a question, Mr. Pergolizzi said the project is separated by public open space from Clearwater Bay by the right-of-way on Gulf Boulevard and existing condominiums. The property fronts on the Gulf of Mexico, not Clearwater Bay. In response to a question, Mr. Dutter said his presentation regarding view impact was from condominiums he felt were potentially most impacted, the Isles of Sand Key. In response to a question, Mr. Dutter said his testimony was not intended as an appraiser. He presented historical data indicating historical sales prices obtained from public records. Mr. Johnson said all the residents of Dan’s Island, the Harbor South, the Isles of Sand Key, and the Cabana Club oppose this project. They feel the project will diminish their views, quality of life, and property values. They purchased their condominiums with the understanding the commercial property at the subject site would remain the same throughout its useful life. The proposed project and rezoning will not preserve the integrity and value of the neighborhood and does not meet the criteria specified in the Code. He requested the Commission deny the application. Phil Cosono, President of Countywide Appraisal Corporation, and a certified real estate appraiser, said in his opinion, surrounding property owners would lose a total of $6.5 million in value if this project is approved. He said in addition to the water view obstruction, surrounding property owners would have to look directly at a building. In response to a question, Mr. Cosono said his opinion was based on information provided by the applicant’s previous application. In response to questions from Mr. Hightower, Mr. Cosono said he has no qualifications with respect to using photo analysis of a building and superimposing it. He said he was hired by Tim Johnson to perform an analysis of the value of surrounding properties should the proposed application be approved. He said he has appraised over 500 units on Sand Key. The meeting recessed from 8:02 to 8:22 p.m. Sixteen persons spoke in opposition of the application. In response to a question, Mr. Stone said the Infill option allows heights greater than 80 feet with criteria attached. Staff’s recommendation is based on compatibility of use, not what is proposed to be placed on the property. The site plan has not been approved. Mr. Cline said the project is more than 105 feet from the Dan’s Island condominium, not 20 steps. He said the shadow of this project will fall on the Cabana Club. He said the law provides for rezoning and his client is entitled to approval of this application. He said staff and the Cabana Club support this application. He suggested the Commission’s decision be supported by competent evidence. He said if the application is denied, it will result in reverse spot zoning. In response to a question, Mr. Stone said there are 2 other vacant parcels of similar size west of Gulf Boulevard. Zoning East of Gulf Boulevard is Medium Density Residential. The majority of properties on the north and south are zoned High Density Residential. Mr. Stone said he was unsure how the potential future Coastal Construction Line would impact the subject site. He said although the Flexible Standards under Code allow the 80 foot maximum height criteria to be increased to 130 feet if all criteria are met, staff considers the character of the surrounding area. He said staff would not support a building any higher than the existing buildings on either site of the subject site. He reviewed the process for obtaining relief for side setbacks. The subject application is before the Commission as it is a rezoning request. He said units per acre in the Medium Density Residential zoning district is 15; in High Density residential, it is 30 units per acre. The applicant is requesting 20 units per acre. Discussion ensued and a comment was made that although the issue is approval of the requested rezoning, it would be foolish not to consider a site plan that would exercise every available bonus allowed by Code. This request would increase the water and wastewater demands. It was felt that a Commercial zoning district and High Density Residential zoning district at the subject site are both inappropriate. In response to a question, Mr. Stone said he did not know if Charlie Siemon of Siemon and Larsen made a public statement that no buildings on Sand Key would be built higher than 80 feet. He said under the former Code, a formula provided for increased setbacks as building heights were increased. In response to a question, the City Attorney explained that “reverse spot zoning” refers to property being zoned differently or inconsistently with the surrounding area. In response to a question, Mr. Stone said if the request is approved, the building’s south side setback would be 10 feet. The building on the north shares a common wall construction; to the south the setback is approximately 70-80 feet. Commissioner Clark moved to deny the request for a Land Use Plan Amendment for 1590 Gulf Boulevard (MB 34/011) from Commercial to Residential High and a Zoning Atlas Amendment from Commercial (C) to High Density Residential (HDR). The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #6598-00 - converting basis for measuring water & sewer consumption for billing from per 100 cubic feet (ccf) to per 1,000 gallons The City Attorney presented Ordinance #6598-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6598-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-28) – Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #14 - Approval of Purchases per Purchasing Memorandum: 1) Tempaco of Pinellas, 1st extension of 2 authorized, gas materials - misc. repair & installation parts, 10/1/00-9/30/01, est. $192,000 (SBS) 2) Krishnan Anandan, professional tennis services, 10/1/00-9/30/02, est. $180,000 (PR) 3) Hughes Supply Water & Sewer, double detector check valves, 10/1/00-9/30/01, est. $63,000 (PW) 4) Martin's Uniforms Division - Superior Uniform Group, Inc., police uniform items, 10/1/00-9/30/01, est. $91,700 (PD) 5) Contract Connection Inc., benches & receptacles (121 pcs), $33,807.15 (PR) 6) Dell Marketing, 18 Desk Top PC's, hardware upgrade, Phase I, for PDS/Tidemark, $51,009; financing to be provided under City's Master Lease-Purchase Agreement (PLD) 7) PC Connection Inc., 1 Network switch upgrade, hardware upgrade, Phase I, for PDS/Tidemark, $22,662; financing to be provided under City's Master Lease-Purchase Agreement (PLD) 8) Safety Equipment Company, 60 airpacks complete with spare tanks & masks, $199,600 (FD) ITEM #15 - Approve self-insured property claim for sum not to exceed $200,000, arising from a burglary & setting of fires at the North Greenwood Library on 7/16/00 (FN) ITEM #16 - Pipeline Crossing Agreement with CSX Transportation, Inc., natural gas easement across CSX's r-o-w in Safety Harbor, $700 (SBS) ITEM #17 - City Manager Executive Search Firm RFP (HR) ITEM #18 - Contract to Verizon of Florida, new 911 Telephone system, replacement, shared project with Pinellas County, City's obligation not to exceed $180,720; authorize financing to be provided under City's Master Lease-Purchase Agreement (PD) ITEM #19 - Approve additional 1.0 FTE, Personnel/Payroll Technician position in Police Department, manage billing & payment requirements for Police Off-Duty Assignment Program (PD) ITEM #20 - Agreement with School Board of Pinellas County, continuation of School Resource Officer program at Clearwater High School & Countryside High School, 8/17/00-7/31/03 (PD) ITEM #21 - Agreement with Pinellas County Sheriff's Office, extension, latent fingerprint & crime scene services including evidence & property storage, 10/1/00-9/30/01, $384,913.86; increase FY 1999-2000 award by $107,274.72 to new total $480,987.02 for additional crime scene service calls under current 1999-2000 agreement (PD) ITEM #22 - Work Order to McKim & Creed, P.A., engineering services for Memorial Causeway Bridge Utilities Relocation Project, $98,500 (PW) ITEM #23 - Contract to Harvey-Taddeo, Inc., Alligator Creek Implementation Projects, $1,484,753.27 (PW) ITEM #24 - Amend Contract with Kamminga & Roodvoets, Inc., installation of sanitary sewer main in Dexter Drive, increasing est. cost by $24,655.76, for est. total $37,415.64 (PW) ITEM #25 - Contract to Overstreet Paving, Inc., 2000 Street Resurfacing, $906,622.20 (PW) ITEM #26 - Grant Agreement with HUD, funding for Town Pond Project, $1,295,000 (PW) ITEM #27 - Contract to purchase real property from Mary L. Lee, 1006 Seminole St., Pinecrest Sub., Blk 6, Lot 12 & E½ of vacated alley adjacent on west & S½ of vacated alley adjacent on north, $45,000 plus est. transaction expenses for environmental inspections, survey & closing costs of $1,500 for total est. $46,500 (PW) ITEM #28 - Authorize City to enter into agreements with subrecipients approved in Fiscal Year 2000-2001 Consolidated Action Plan (PLD) Commissioner Clark moved to approve the Consent Agenda and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - Approve site, size & funds for new Main Library; direct architects to design a 90,000 square foot library using funds currently allocated to Main Library Project (approx. $14.95 million) & to build 46,000 square feet of finished space and 44,000 square feet of unfinished space (LIB) The $14.95 million is composed of $1.2 million in Penny for Pinellas (FY99), $500,000 from the Slenker bequest, and $13.25 million from FY02 Penny for Pinellas. Staff expects to arrive at the $15.2 million level of funding with potential library grants and interest earnings. The architect’s estimated cost of a 90,000 square foot library is $20.2 million. This proposal assumes 46,000 square foot finished and 44,000 square foot shell by the City at a cost of $15.2 million. The unfinished space (shell) will be finished by donations to be raised by the Library Foundation estimated to be $5 million. It is anticipated that a major lead gift (in excess of $1 million) and a total of $1.5 million will be committed by the 50% working drawings stage. In the absence of the private funds, the City will adjust the size of the finished library based upon the funds available. The City’s intent is to build a finished library with the resources available in 2002. The Library foundation will update the City Manager and Commission on the capital campaign’s progress at the conclusion of the design development stage (approximately 5 months following the Commission’s approval of this agenda item) and at the 50% working drawings stage (in approximately 12 months). Design/square footage will be adjusted as appropriate as the Commission assesses the progress and success of the campaign. Design development, construction, documentation, and award of construction bid can begin now permitting construction to begin in Fall 2001. The new Main Library should be completed by Winter 2002-2003. Commissioner Johnson moved to approve the site, size, and funds for the new Main Library and direct the architectural team to design a 90,000 square foot library, using the funds currently allocated to the Main Library Project (approximately $14.95 million ) to build 46,000 square feet of finished space and 44,000 square feet of unfinished space, and that the appropriate officials be authorized to execute same. The motion was duly seconded. It was remarked that it may be difficult to raise funds if the public thinks the new library will not be built in its entirety. In response to questions, Holly Duncan, fundraiser, said she believes support for the new library is greater than anticipated. She said the normal timeframe for a major capital campaign is 2 – 3 years. The largest gifts are generally raised within the first 6 – 12 months of a campaign and spurns additional fundraising. As Vice Chair for Economic Development for the Clearwater Chamber of Commerce, Ms. Duncan expressed the Chambers support for a signature library building near the corner of Osceola Avenue and Drew Street. The Chamber has stressed that the new library be part of a complete downtown development plan. They also support a larger library with the final size to be determined by the performance of the Foundation and suggest more specific funding targets within set deadlines. Three persons spoke in favor of the 90,000 square foot library. Discussion ensued and it was felt that there is a confidence that the community will come through with necessary funding. A concern was expressed that the $1.5 million should be in place at the end of the 5-month fundraising period so that plans can proceed accordingly. It was remarked that fundraisers may require additional time to secure funds of that nature as they are starting from scratch. Staff will provide information regarding operating costs for the library. Upon the vote being taken, the motion carried unanimously. ITEM #30 - Proposal re authorizing local contribution to support development of Tuscany Apartments by CED Construction Company under Low Income Housing Credit Program with subordinating City's existing $250,000 loan to CED to the State of Florida Apartment Incentive Loan (SAIL) obtained by CED (ED) On March 5, 1998, the Commission authorized local contributions of $914,490 to support the development of Tuscany Apartments by CED Construction Company under the Low Income Housing Tax Credit Program (LIHTCP). CED Construction Company was not successful in its application for funding under the LIHTCP. Therefore, the City’s previous commitment was voided. CED has requested the City reaffirm support for this project in the form of the following contributions totaling $719,787.22: 1) wavier of the local 6% franchise fee for natural gas utility for $191,142.64; 2) waiver of local 6% franchise fee for electric utility for $186,220.83; 3) waiver of local storm water utility fee for $160,428.75; 4) solid waste fee discounts for $53,496; and 5) permit and impact fee reimbursements for $128,499. On March 9, 1998, the Commission authorized a loan of $250,000 to CED Construction Company to support the development of Tuscany Apartments. The original terms of the loan were a 3% 20-year loan with a 2-year deferment. CED’s obtainment of the loan from SAIL includes the requirement that the City allow its loan to be subordinated to the SAIL prior to any proceeds being funded from the SAIL. Under this new arrangement, the term of the loan would be for 15 years at 3%. Staff does not recommend approval of this agenda item. Staff believes incentives should be available to enable a project at its commencement. Ed Armstrong, representative, said the applicant has dropped his request for additional financial incentives and is only asking for subordination of the loan. Scott Culp, CED Construction Company, reviewed the history of redevelopment of the former Sunshine Mall site. CED was able to obtain $1 million contribution but was unsuccessful in obtaining low income tax credits. The loan was originally granted to allow CED to be competitive with tax exempt proceeds. In response to a question, Mr. Armstrong said the applicant wishes to defer discussion regarding the $750,000 in impact fees to another time. In response to a question, Assistant Director of Housing Nina Bandoni said as CED closed on the property some time ago, the sale loan proceeds could be used to pay off the loan from the City. She said Pinellas County has decided not to subordinate their loan. If the Commission determines that CED should pay off this loan, the funds can be used for other housing efforts. Mr. Culp requested as CED has provided an affordable housing community for seniors, that the Commission consider his request to subordinate the loan. He said he reserves the right to come back to the Commission regarding the financial incentives. The City Attorney said staff has spent considerable time evaluating this request and recommends denial. Commissioner Clark moved to subordinate the City’s existing $250,000 loan to CED Construction Company to the State of Florida Apartment Incentive Loan (SAIL) obtained by CED. The motion was duly seconded. Upon the vote being taken, Commissioners Hooper and Clark and Mayor Aungst voted “aye”; Commissioners Johnson and Hart voted “nay”. Motion carried. ITEM #31 - Third Quarter - 1999-2000 Budget (BU) The General Fund revenues and expenditures reflect a net increase of $554,522 at third quarter. Of this increase, $547,997 represents the appropriation of retained earnings to fund the SPJC Field Site Improvement project for the Phillies Stadium construction. This appropriation was previously approved by the Commission on May 18 and July 20, 2000. Numerous other line item amendments to Fund revenues result in the balance of the increase netting to $6,525. Savings in several General fund Departmental operating budgets and the closing of several capital projects provide funding to offset proposed budget increases in several departments, the most significant being an increase to the City Manager’s Office operating budget for $157,730 to fund the severance package of the previous City Manager. The Water and Sewer Fund reflects a decrease in anticipated fund expenditures of over $4 million. This amendment returns funds from projects now projected to be funded through bond proceeds and corrects the cash deficit projected in this fund. At third quarter, Stormwater expenditures anticipate savings in operating supplies and debt service payments due, offering a net decrease in fund expenditures in the amount of $112,500. Fund revenues remain as projected. Gas Fund revenues and expenditures primarily reflect amendments for the increased cost of fuel for natural gas that has been directly passed on to customers. This increase accounts for a $1,287,660 increase in anticipated revenues for the year, and a related increase of $1,254,010 in operating expenditures. Solid Waste Fund revenues reflect anticipated increases in roll-off revenues, rental of compactors, and interest earnings for the fund totaling $114,000. Expenditure amendments recognize an increase in dump fees of $71,000 due to increased volume. This increase in revenues more than offsets any increases in operating expenditures. The Recycling Fund revenue amendments reflect increases in the sale of recyclables and annual interest earnings totally $216,000, offsetting a related increase in fund expenditures of $96,140 for increased processing charges related to increased sales. Parking Fund revenues remain as projected while expenditure amendments reflect savings in anticipated debt costs. Due to the warm winter months, the marina fund revenues reflect a further increase of gas and oil inventory purchases and an offsetting increase in fuel sales. The only budget amendment of significance within the Internal Service operations is the appropriation of $66,840 of retained earnings in the Administrative Services Fund for debt payments on the internal loan for the implementation of the utility billing system. The amendments to the Capital Improvement Fund total a net decrease of $2,008,618. The decrease is a result of funds returned from Water and Sewer projects to the operating fund for projects now projected to be funded through bond proceeds. Nearly all Capital Improvement budget increases have been previously approved by the commission and are outlined on Page 20 of the detailed report. This includes funding for the SPJC Field Site Development and the Integrated Document Management System. Amendments that have not previously been approved by the commission include the recognition of grant revenue from the Tampa Bay Estuary Program and FDEP in the amount of $279,500 for the Alligator Creek project and $100,000 from SWFWMD for the North Greenwood Stormwater Retrofit project. The Special Program Fund reflects a budget increase of approximately $2.4 million. Over $845,000 is in Public Safety programs recognizing grant proceeds for projects such as the Weed & Seed 2001 and VOCA Grant 2000, matching funds for several grants provided by operating savings within the Police Department’s current budget, and increased receipts of court forfeiture proceeds for Police programs. Other program amendments include $1.2 million of grant funds supporting the Brownfield Program, $45,170 for a grant to replace the Seminole Launch Ramp facility, $38,600 for the Waste Tire Grant, and $33,286 for several grants to support the Folk Arts Festival. The balance of budgeted receipts primarily reflects other small grants and the receipt of sales proceeds and donations for special events. The complete third quarter report includes detailed explanations of budget amendments, and a schedule of administratively approved change orders. An overall analysis of fund budgets, quarterly variances, and fund amendments is available. Commissioner Hooper moved to approve the amended City Manager’s annual budget report as presented. The motion was duly seconded and carried unanimously. a) First Reading Ord. #6601-00 - amending Operating Budget for Fiscal Year ending 9/30/00 The City Attorney presented Ordinance #6601-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6601-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. b) First Reading Ord. #6602-00 - amending Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/00 The City Attorney presented Ordinance #6602-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6602-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #32 - Res. #00-33 - Adopting Floodplain Management Plan; transmitting plan to Federal Emergency Management Agency for review as required by National Flood Insurance Program's community rating system; authorizing City Manager to initiate activities recommended in plan (PLD) The NFIP CRS Program was initiated in 1978 to reduce vulnerability in flood zones by giving cities discounts on flood insurance according to their participation level. The participation level if based on the type and quality of City flood mitigation policies and programs. City residents currently receive a 10% discount as a Class 8 community. The City has recently met the standards to become a Class 7 community that will provide a 15% discount. This plan is a mandatory requirement to be part of the CRS Program. The City originally adopted the Repetitive Loss Plan on December 11, 1991 to satisfy FEMA requirements. This plan is required to be more comprehensive than the previous Repetitive Loss Plan by identifying flood hazards, flood plain management goals, possible mitigation measures, and an action plan. There are 84 properties within the City limits defined as repetitive loss properties which have had 2 or more claims greater than $1,000 within a 10-year period. Seventy-one (71) of these properties are located on North Clearwater Beach. A majority of repetitive loss properties were built at-grade before the adoption of Flood Insurance Rate Maps in 1971 which set minimum building elevations. Four weather events have been responsible for 78% of the repetitive flood insurance claims. Twenty-five (25) weather events have been responsible for the other claims. Four critical facilities that provide essential City services are located within the flood plain and include 2 sanitary sewer lift stations, a water/sewer plant and a fire station. The City currently has many planning goals, objectives, and policies in the Clearwater Comprehensive Plan that implements flood plain management and City-wide stormwater management which are reflected in the Floodplain Management Plan. There are 6 types of flood management activities to implement the Plan including preventive, property protection, natural resource protection, emergency services, structural projects, and public information. Preventive activities recommended include participation in the Pinellas County Local Mitigation Strategy, assistance to the Tampa Bay Regional Planning Council (TBRPC) with Project Impact, 2 potential Comprehensive Plan amendments, pursuing the feasibility of acquiring the Kapok Mobile Home Park and constructing the Town Pond. Property Protection activities recommended include assisting property owners with flood mitigation grants, providing substantial improvement applications and continue the flood complaint handling process. Natural Resource Protection activities recommended include the Alligator Creek environmental enhancement, Kapok wetlands restoration, Moccasin Lake Habitat environmental enhancement and the Stevenson Creek restoration. Structural Projects recommended include completion of the Stevenson Creek Watershed Management Plan, Alligator Creek drainage improvements and North Clearwater Beach retrofit and valve installation. Public Information activities recommended include utilizing Channel 15, information mailouts, speaking to neighborhoods and providing information through various outlets. The Floodplain Management Plan is required to be reviewed and evaluated with a report to the Commission on an annual basis. Commissioner Clark moved to approve the Floodplain Management Plan and to transmit it to the Federal Emergency Management Agency. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-33 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-33 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #33 - (Cont. from 9/7/00) Authorize appeal of Hearing Officer Order in American Infoage, LLC v. City (CA) The Final Order in the American Infoage, LLC v. City case has been provided. The Order reverses the Community Development Board’s decision which denied approval for a telecommunications tower on the property at 505 Virginia Lane. It states that the application is approved and does not impose any of the conditions recommended by staff or adopted by the Board. Judicial review of this decision as stated in Code of Ordinances Section 4-505D, would be through filing a Petition for Certiorari in circuit court within 30 days. The Circuit Court would conduct a review of the record (as opposed to a de novo hearing). The City Attorney recommended, based on the Attorney/Client session conducted earlier today, not to appeal the decision of the hearing officer. Commissioner Johnson moved to deny the request to authorize appeal of the Hearing Officer order in American Infoage, LLC v. City. The City Attorney said as a portion of their settlement, American Infoage has agreed to drop the costs for attorney fees. They also will comply with staff conditions and agreed to drop attorney claims relating to this matter. The motion was duly seconded and carried unanimously. ITEM #34 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #35 - Other City Attorney Items – None. ITEM #36 - City Manager Verbal Reports The City Manager reported a meeting is scheduled for 6:00 p.m. on October 4, 2000, with the College Hill Estates neighborhood regarding their concerns about drainage and sinkholes. He clarified that College Hill Estates is not an organized neighborhood association and that Mr. Hassel was erroneously referred to as its President. The City Clerk stated the Mayor would like to attend the National League of Cities conference which conflicts with the December 7, 2000, Commission Meeting. Consensus was to reschedule the December Commission Meeting to December 12, 2000, at 6:00 p.m. (the Worksession will remain on December 4, 2000.) ITEM #37 - Other Commission Action Commissioner Clark thanked everyone for their efforts during last Saturday’s Coastal Cleanup during Hurricane Gordon, especially Solid Waste for picking up everything. He thanked the Planning and Development Director for his professionalism despite some personal attacks by the public and his staff for their work. Commissioner Hooper expressed concern a trend is developing to negotiate higher severance packages which invalidates the need for employment agreements. The City Attorney said it is wise to pay additional compensation to at-will employees and have them sign releases upon termination to avoid lawsuits. Commissioner Johnson questioned the need to bring back the 3% increase included in the budget for Ruth Eckerd Hall. The City Attorney indicated the agreement needs to be amended. Commissioner Johnson moved to approve the one-time increase in funding to Ruth Eckerd Hall. The motion was duly seconded. Commissioners Johnson, Hart, and Clark and Mayor Aungst voted "aye"; Commissioner Hooper voted "nay". Motion carried. Commissioner Hart requested staff pursue with the State and County if Clearwater can become involved in the revision of the Growth Management Act. Mayor Aungst thanked those involved with Francis Wilson Playhouse, Sister Cities meeting, Taste of Clearwater, Artist Bansemer for the Titanic gift, and everyone who participated in tonight’s discussions. He said the Safety Village re-opening is scheduled for September 30, 2000. ITEM #38 - Adjournment The meeting adjourned at 10:53 a.m.